California Rural Legal Assistance v. LSC

917 F.2d 1171 (9th Cir. 1990) ; Clearinghouse Number: 44700

Description

Ninth Circuit Enjoins LSC Regulation by Affirming CRLA Interpretation of "Financial Assistance" in IRCA

Abstract

The Ninth Circuit affirmed the district court's grant of summary judgment in favor of California Rural Legal Assistance (CRLA) in this class action seeking to enjoin enforcement of an LSC regulation that prohibits legal services programs from using LSC funds to provide legal services to permanent resident aliens who obtained their status under the Immigration Reform and Control Act of 1986 (IRCA). The appellate court was asked to consider whether the district court correctly concluded that legal services is not a program of "financial assistance" within the meaning of section 245A(h) of the Immigration and Nationality Act, 8 U.S.C 1255a(h)(1)(A)(i). The court reasoned that Congress intended there to be a distinction between monetary assistance, such as AFDC, and the provision of services, because IRCA specifically differentiates between "financial assistance," "medical assistance," and "assistance." Noting that IRCA also specifies that its provisions be construed to protect constitutional rights, personal safety, and human dignity, the court concluded that depriving amnesty aliens of legal services belies one of the central purposes of the legalization decision and is contrary to congressional intent.

Additional Information

Attorney Information
Robert Rubin, Ignatius Bau, Ntl Refugee Rights Proj, Lawyers' Com. for Urban Affairs, 301 Mission St., San Francisco, CA 94105, 415 5439444; Stephen Berzon,Michael Rubin,Alan Houseman,Linda Perle,Laurence Gold,Joshua Floum,Meryl Macklin,Sarah Rubenstein
Docket Date
1970-01-01 06:00:00+00:00